Secured creditors may be entitled to greater payment than unsecured creditors. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. Provisions that assure both parties of time to properly present and consider claims are acceptable provided they are commercially reasonable and customary. Provisions that expressly create actual or notional accounts that accrue actual or notional interest suggest that the contract contains, in fact, a deposit. Provisions for additional or return premium do not, in and of themselves, render a contract something other than insurance. However, treating insureds differently when there is no actuarially sound reason for doing so is unlawful discrimination. What is often missing from the debate is that prohibiting the use of legitimate, actuarially sound factors means that an insufficient amount is being charged for a given risk, and there is thus a deficit in the system

      Secured creditors may be entitled to greater payment than unsecured creditors. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. Provisions that assure both parties of time to properly present and consider claims are acceptable provided they are commercially reasonable and customary. Provisions that expressly create actual or notional accounts that accrue actual or notional interest suggest that the contract contains, in fact, a deposit. Provisions for additional or return premium do not, in and of themselves, render a contract something other than insurance. However, treating insureds differently when there is no actuarially sound reason for doing so is unlawful discrimination. What is often missing from the debate is that prohibiting the use of legitimate, actuarially sound factors means that an insufficient amount is being charged for a given risk, and there is thus a deficit in the system